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(영문) 수원지방법원 2019.01.24 2018노3241
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution in October, and two hundred hours of community service) to the summary of the reasons for appeal is unreasonable as it is too unfasible.

2. Although the fact that the nature of the crime was inferior in light of the substance of the crime, the amount of damage was not significant, the defendant appears to have an attitude to reflect, the fact that the defendant did not have any previous conviction, the injured party has agreed with the injured party, and the amount of damage was compensated in accordance with the agreement, and other factors such as the defendant's age, character and conduct, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime are considered, it cannot be deemed that the sentence of the court below is too unreasonable.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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